what goes on at mediation?

[enlightzen]

What is the name of your state?Fl.
Are most cases settled at mediation?

 

[I AM ALWAYS LIABLE]

What is the name of your state?Fl.
Are most cases settled at mediation?

My response:

Only if there's a table full of pies. Pie fights are terrific fun!

IAAL

 

[enlightzen]

a real answer please

fl. No really, I am going to mediation in Oct. I don't know what to expect or what will happen. How long does mediation usually take? If nothing is settled will it go to court?

 

[I AM ALWAYS LIABLE]

fl. No really, I am going to mediation in Oct. I don't know what to expect or what will happen. How long does mediation usually take? If nothing is settled will it go to court?

My response:

I'm sorry. The first thing I think about when it comes to mediation is the Three Stooges.

Mediation is a give-and-take discussion between you and spouse, monitored and guided by a third party - - the Mediator. You will all discuss the issues of your case, and narrow those issues by agreement. Those issues that cannot be agreed upon will go to trial. The length of time depends upon the complexity of the case. A report of the mediation will be given to the judge.

IAAL

 

[enlightzen]

What is a motion to compel?

Thanks "liable" for the info. I received a letter from my attorney that he had to file a motion to compel on the def. what does this mean?

 

[enlightzen]

mediation?!?!

one other thing about mediation....I feel the same way you do. If I go and I don't like the offer after the first hour, can I say forget, I want to go to court? I do not want to spend 10 hours bidding.

 

[I AM ALWAYS LIABLE]

one other thing about mediation....I feel the same way you do. If I go and I don't like the offer after the first hour, can I say forget, I want to go to court? I do not want to spend 10 hours bidding.

My response:

There is no time limit. The only requirement is that you give the Mediation a "good faith attempt" to resolve some or all of your issues. This could take hours or even multiple sessions. The purpose is to stay out of court, or to streamline those issues that need to move to a trial.

Remember, the judge will receive a mediation report and, if the judge doesn't like what happened; e.g., someone walked out without discussing all issues, then don't expect the judge to be, how should I say this, . . . . real sympathetic or helpful to your goal.

A "Motion to Compel" means that someone isn't doing something they should be doing, so one of the parties needs the court to intervene to "command" that party to act in a specific fashion. There are many forms and types of Motions to Compel. One is where Interrogatories were served on the opposing party, and that opposing party has failed to respond within the statutory time period - - so, an order to compel that person to respond is sought.

IAAL

 

[enlightzen]

thanks for the info "liable"

Thanks for the info. So I am assumming that I should just grin and bare everything in mediation. Is it possible to settle everything then, if the other party has nothing to back them, or can they postpone to another mediation? What would happen if the other party would skip out on mediation? Is mediation a means of settling quick instead of going to court?